10/17/2012 Regular 215
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, October 17, 2012
Key West, Florida
A Regular Meeting of the Monroe County Board of County Commissioners
convened at 9:00 A.M., at the Marathon Government Center. Present and answering to roll call
were Commissioner Heather Carruthers, Commissioner Sylvia Murphy, Commissioner George
Neugent and Mayor David P. Rice. Absent was Commissioner Kim Wigington. Also present at
the meeting were Roman Gastesi, County Administrator; Debbie Frederick, Assistant County
Administrator; Suzanne Hutton, County Attorney; Danny L. Kolhage, County Clerk; Isabel C.
DeSantis, Deputy Clerk; County Staff, members of the press and radio; and the general public.
ADDITIONS, CORRECTIONS, DELETIONS
Item A Motion was made by Commissioner Neugent and seconded by Commissioner
Murphy granting approval of Additions, Corrections and Deletions to the Agenda. Motion
carried unanimously.
PRESENTATION OF AWARDS
Item B1 Mayor's Proclamation declaring the week of October 7 - 12, 2012 as Mental
Illness Awareness Week in Monroe County to increase public awareness and to increase public
awareness and to promote treatment and recovery.
RECOGNITION
The Board recognized County Attorney, Suzanne Hutton for her many years of
service to Monroe County. Ms. Hutton will be retiring on October 31, 2012.
BULK APPROVALS
Motion was made by Mayor Rice and seconded by Commissioner Murphy
granting approval of the following items by unanimous consent:
Item Cl Board granted approval for the Key Largo, Marathon, and Key West Branch
Libraries to close at 6:00 p.m. on Wednesday, November 21, 2012.
Item C2 Board granted approval for the Key West Branch Library to close on Saturday,
October 27, 2012.
Item C3 Board granted approval to enter into an "Addendum Agreement" to our Master
Service Agreement 20101222025BUA as shown in case #FL12- 3550 -00 which adds the Key
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West International Airport at 3491 S Roosevelt Boulevard in Key West, FL as an additional
service location to our existing Metro Ethernet wide area network agreement and to allow the
County Administrator or his designee to order 10 Mb /s Metro Ethernet service at the Airport.
Item C4 Board granted approval to enter into an addendum agreement "AT &T ILEC
Intrastate Pricing Schedule" to our Master Service Agreement 20101222025BUA as shown in
case# FL12- 2337 -00 for Megalink T -1 Digital Line Service.
Item C5 Board granted approval to enter into an addendum agreement "Pricing Schedule
for AT &T Easy Rate Service" to our Master Service Agreement 20101222025BUA as shown in
case# FLU - 2458 -00 for Flat Rate Service Local Lines.
Item C6 Board granted approval to enter into an addendum agreement "Addendum to
Pricing Schedule for AT &T Interstate Broadband Services Provided on Custom Terms Pursuant
to the AT &T Interstate Guidebook" to our Master Service Agreement 20101222025BUA as
shown in case# FL12- 3033 -00 which includes an additional speed of 500 Mb /s to our existing
Metro Ethernet wide area network agreement.
Item C7 Board granted approval to amend contract with Dr. Samess, M.D. to provide
employment physical services, to add Fishermen's Hospital as a party to the agreement.
Item C8 Board recommended retroactive approval of 21st and 22nd Annual ADA
Celebration and to expend funds from the FKCPWD budget to cover celebration costs. Costs
associated with the annual events are $295.00 in 2011 and $320.00 in 2012. Total $615.00.
Item C9 Board ratified Payment Plan Agreement with the Agency for Health Care
Administration pursuant to the settlement in the Florida Association of Counties, et. al., v. the
Florida Department of Revenue and the State of Florida Agency for Health Care Administration
(Medicaid billing) lawsuit.
Item C10 Board adopted the following various resolutions for the transfer of funds and
resolutions for the receipt of unanticipated revenue:
Receipt of Unanticipated Funds (OMB Schedule No. 1).
RESOLUTION NO. 252-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated of Funds (OMB Schedule Item No. 2).
RESOLUTION NO. 253-2012
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 3).
RESOLUTION NO. 254-2012
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 4).
RESOLUTION NO. 255-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 5).
RESOLUTION NO. 256-2012
Said Resolution is incorporated herein by reference.
217
Receipt of Unanticipated Funds (OMB Schedule Item No. 6).
RESOLUTION NO. 257-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 7).
RESOLUTION NO. 258-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 8).
RESOLUTION NO. 259-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 9).
RESOLUTION NO. 260-2012
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 261-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 262-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 263-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 264-2012
Said Resolution is incorporated herein by reference
Receipt of Unanticipated Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 265-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 266-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 16).
RESOLUTION NO. 267-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 17).
RESOLUTION NO. 268-2012
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Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 18).
RESOLUTION NO. 269-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 19).
RESOLUTION NO. 270-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 20).
RESOLUTION NO. 271-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 21).
RESOLUTION NO. 272-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 22).
RESOLUTION NO. 273-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 23).
RESOLUTION NO. 274-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 24).
RESOLUTION NO. 275-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 25).
RESOLUTION NO. 276-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 26).
RESOLUTION NO. 277-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 27).
RESOLUTION NO. 278-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 28).
RESOLUTION NO. 279-2012
Said Resolution is incorporated herein by reference
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Receipt of Unanticipated Funds (OMB Schedule Item No. 29).
RESOLUTION NO. 280-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 30).
RESOLUTION NO. 281-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 31).
RESOLUTION NO. 282-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 32).
RESOLUTION NO. 283-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 33).
RESOLUTION NO. 284-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 34).
RESOLUTION NO. 285-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 35).
RESOLUTION NO. 286-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 36).
RESOLUTION NO. 287-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 37).
RESOLUTION NO. 288-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 38).
RESOLUTION NO. 289-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 39).
RESOLUTION NO. 290-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 40).
RESOLUTION NO. 291 -2012
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Said Resolution is incorporated herein by reference
Receipt of Unanticipated Funds (OMB Schedule Item No. 41).
RESOLUTION NO. 292-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 42).
RESOLUTION NO. 293-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 43).
RESOLUTION NO. 294-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 44).
RESOLUTION NO. 295-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 45).
RESOLUTION NO. 296-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 46).
RESOLUTION NO. 297-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 47).
RESOLUTION NO. 298-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 48).
RESOLUTION NO. 299-2012
Said Resolution is incorporated herein by reference
Receipt of Unanticipated Funds (OMB Schedule Item No. 49).
RESOLUTION NO. 300-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 50).
RESOLUTION NO. 301-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 51).
RESOLUTION NO. 302-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 52).
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RESOLUTION NO. 303-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 53).
RESOLUTION NO. 304-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 54).
RESOLUTION NO. 305-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 55).
RESOLUTION NO. 306-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 56).
RESOLUTION NO. 307-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 57).
RESOLUTION NO. 308-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 58).
RESOLUTION NO. 309-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 59).
RESOLUTION NO. 310-2012
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 60).
RESOLUTION NO. 311-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 61).
RESOLUTION NO. 312-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 62).
RESOLUTION NO. 313-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 63).
RESOLUTION NO. 314-2012
Said Resolution is incorporated herein by reference.
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Receipt of Unanticipated Funds (OMB Schedule Item No. 64).
RESOLUTION NO. 315-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 65).
RESOLUTION NO. 316-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 66).
RESOLUTION NO. 317-2012
Said Resolution is incorporated herein by reference
Receipt of Unanticipated Funds (OMB Schedule Item No. 67).
RESOLUTION NO. 318-2012
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 68).
RESOLUTION NO. 319-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 69).
RESOLUTION NO. 320-2012
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 70).
RESOLUTION NO. 321-2012
Said Resolution is incorporated herein by reference.
Amending Resolution No. 098 -2012 (OMB Schedule Item No. 71).
RESOLUTION NO. 322-2012
Said Resolution is incorporated herein by reference
Receipt of Unanticipated Funds (Schedule Item No. 72).
RESOLUTION NO. 323-2012
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 73).
RESOLUTION NO. 324-2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 74).
RESOLUTION NO. 325-2012
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 75).
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RESOLUTION NO. 326-2012
Said Resolution is incorporated herein by reference.
Item C11 Board granted approval of the following Fiscal Year 2013 Contracts with non-
profit organizations funded by the Board of County Commissioners through recommendations of
the Human Services Advisory Board (HSAB), and those funded directly by County Commission:
AIDS Help, Inc., in the amount of $30,000; American Red Cross, in the amount of $15,000;
Anchors Aweigh Club, in the amount of $2,200.00; Be The Change /Kids Come First Program, in
the amount of $25,000; Be The Change- Monroe Youth Challenge Program, in the amount of
$25,000; Big Pine Athletic Association, in the amount of $44,000; Boys and Girls Club, Inc., in
the amount of $65,000; Domestic Abuse Shelter, in the amount of $30,000; Florida Keys Area
Health Education Center, in the amount of $45,000; Florida Keys Children's Shelter, Inc., in the
amount of $159,000; Florida Keys Healthy Start Coalition, Inc., in the amount of $30,000;
Florida Keys Outreach Coalition, Inc., in the amount of $43,000; Good Health Clinic, Inc., in the
amount of $63,400; Grace Jones Backpacks 4 Kids, in the amount of $40,000; Heart of the Keys,
in the amount of $34,000; Helpline, in the amount of $10,000; Heron Peacock, in the amount of
$35,000; Hospice of the Florida Keys, in the amount of $141,000; Independence Cay, in the
amount of $25,000; Keys Area Interdenominational Resources, in the amount of $25,000;
Literacy Volunteers, in the amount of $10,000; Monroe Association for Retarded Citizens
(MARC), in the amount of $155,000; Rural Health Network of Monroe County, Florida, Inc., in
the amount of $300,000; Samuel's House, Inc., in the amount of $90,000; Star of the Sea
Foundation, in the amount of $55,000; Wesley House Family Services, Inc., in the amount of
$160,000; Womankind, Inc., in the amount of $96,000; AARP Big Pine Key in the amount of
$4,500; AARP Lower Keys, in the amount of $4,500; AARP Middle Keys, in the amount of
$4,500; AARP Upper Keys, in the amount of $4,500; Arts Council, in the amount of $57,000;
Historic Florida Keys Foundation, in the amount of $28,500; Older American Volunteer
Program, in the amount of $500.
Item C16 Board authorized for the Mayor to execute the Certificate of Acceptance of Sub -
grant Award for the Be the Change Monroe County Youth Challenge Violence and
Alcohol /Tobacco and Other Drug Prevention program, using funds provided under the FDLE
Edward Byre Memorial Justice Assistance Grant program, for the period from October 1, 2012
through September 30, 2013.
Item C17 Board authorized for the Mayor to execute a Memorandum of Understanding with
Be The Change of the Florida Keys for the Monroe Youth Challenge Violence and
Alcohol /Tobacco and Other Drug Prevention program, for the period from October 1, 2012
through September 30, 2013.
Item C18 Board ratified the previously executed Federal Aviation Administration Grant #3-
12- 0037 - 046 -2012 providing funding to "Construct Terminal Building (Reimbursement, Phase 4
of 6); Improve Airport Access Road (Phase 1); Improve Apron (Phase 1) and Improve Airfield
Drainage (Phase 1)" at the Key West International Airport.
Item C19 Board ratified the previously executed Federal Aviation Administration Grant #3-
12- 0044 - 030 -2012 providing funding to "Obstruction Removal, Runway 25 Protection Zone
(Phase 1 - Lease buyouts and site preparation)" as more particularly described in the Project
Application dated June 29, 2012 at The Florida Keys Marathon Airport.
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Item C20 Board granted approval of the Lease Agreement between Monroe County and The
Hertz Corporation for two parcels at Key West International Airport to be used as rental car
preparation activities areas, commonly known as The Teen Center.
Item C21 Board granted approval of the FY 2013 Airline Rates and Charges for the Key
West International Airport, effective October 1, 2012.
Item C22 Board granted approval of USA Parking System, Inc. anticipated overall annual
operating budget for parking lot management for the Key West International Airport, for the
period December 1, 2012 through November 30, 2013.
Item C23 Board granted approval of Amendment #1 to the Jacobs Project Management
Co.'s General Consulting Services Master Agreement, to incorporate language to allow for
partial payments on Task Orders.
Item C24 Board granted approval of Jacob Project Management Co.'s Task Order #12 -14-
10 for the Faraldo Circle Airport Road Mill and Overlay (design only) at the Key West
International Airport.
Item C25 Board granted approval of Jacobs Project Management Co.'s Task Order #12 -14-
11 for the Commercial Apron Pavement Rehabilitation Conceptual Phase Design, at the Key
West International Airport.
Item C27 Board granted approval of Jacobs Project Management Co.'s Task Order #12 -14-
13 for the Baggage Elevator Construction Services Support at the Key West International
Airport.
Item C28 Board granted approval of Jacobs Project Management Co.'s Task Order #12 -14-
15 for the FY 2013 DBE Implementation Services for the Key West International Airport and the
Florida Keys Marathon Airport.
Item C29 Board accepted the Monroe County Length of Service Award Program (LOSAP)
actuarial valuation report for the Plan Year 2012 and transfer of funds for Plan Year 2012 into
the LOSAP Trust Fund.
Item C30 Board granted approval for staff to continue purchasing air time on Radio Ritmo,
the only bilingual station in the Florida Keys, in an effort to continue outreach and education
efforts to our Spanish speaking residents regarding our Solid Waste and Recycling Goals,
Programs and events.
Item C31 Board authorized the County Administrator to send a letter to the City of Key
West to request the City to consider amending its current 99 -year lease with the County to
increase the parcel of property on Stock Island to facilitate the Florida Keys SPCA in building a
new animal shelter adjacent to the current animal control facility.
Item C32 Board approved Corrected Sixth Amendment to Contract with The Florida Keys
Society for Prevention of Cruelty to Animals, Inc. for operation of the Key West Animal Shelter.
Item C33 Board granted approval to modify the fee structure for the use of Government
meeting rooms and Channel 76 televising costs for FY13.
Item C34 Board granted approval to execute an Interlocal Agreement with the City of
Marathon for utilization of the County meeting room in Marathon for 24 City Council meetings.
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Item C35 Board granted approval of a Lease Agreement with the State of Florida
Department of Health, Monroe County Health Department to provide continued office space at
the Gato Building, 1100 Simonton Street, Key West, FL.
Item C36 Board granted approval of a Lease Agreement with the State of Florida
Department of Health, Monroe County Health Department to provide continued office space at
the Murray E. Nelson Government and Cultural, 102050 Overseas Highway, Key Largo, FL.
Item C37 Board granted approval to ratify Amendment 2 to the Contract for Engineering
Design and Permitting Services for Emergency Repairs to the No Name Key Bridge, with
Kisinger Campo & Associates, Corp.
Item C39 Board granted approval of Amendment One to the contract with Anderson
Outdoor Advertising to install and maintain bus shelters on US 1 in unincorporated Monroe
County north of the City of Marathon. Amendment One adds a revised Exhibit A, Bus Shelter
Locations to show current bus shelter locations.
Item C40 Board granted approval of a contract with Bender & Associates Architects, P.A.
for Professional Services to provide additional design work for compliance to the American with
Disabilities Act (ADA) at the East Martello Tower. This project is fully funded by the Tourist
Development Council.
Item C41 Board approved to reject the proposal from the apparent low bidder for the
Construction of a New Stock Island Fire Station, and approval to award contract with Burke
Construction Group, Inc. who were the apparent second low bidder.
Item C42 Board approved Contract with D.L. Porter Constructors, Inc. to expand the Aids
Memorial in Key West, by adding additional concrete, granite memorials, and landscaping. This
project is fully funded by the Tourist Development Council.
Item C43 Board approved to reject the lowest bidder for the Construction of New Drug
Court Offices at the Freeman Justice Center and approval to award bid and enter into a contract
with the second lowest bidder, D.L. Porter Constructors, Inc. This project is fully funded by the
16th Judicial Court.
Item C44 Board approved Grant of Easement from Monroe County to FKAA, on that
portion of MacDonald Avenue which was abandoned in order to build the new Stock Island Fire
Station. This is the standard easement required by FKAA.
Item C45 Board approved Agreement for the Purchase of Lands with Dr. Fred R. Burrin,
the adjacent land owner who received a portion of MacDonald Avenue as a result of the road
abandonment. The County needs this last portion for the construction of the Stock Island Fire
Station. Changes to paragraph 9 where the conveyance of a 6 inch strip of land was added.
Item C46 Board adopted the following Resolution and Acceptance of Quit claim Deed from
Florida Department of Transportation for the purpose of constructing ADA Accessible parking
spaces at the entrance of the Key Largo Animal Shelter.
RESOLUTION NO. 327-2012
Said Resolution is incorporated herein by reference.
Item C47 Board approved receipt of monthly report on change orders reviewed by the
County Administrator's Office.
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Item C48 Board approved amendment to the Interlocal Agreement Creating The South
Florida Workforce Investment Board for Region 23 of the State of Florida is made and entered
into by and between the Chief Elected Official of Miami -Dade County, a political subdivision of
the State of Florida, and the Chief Elected Official of Monroe County, A political subdivision of
the State of Florida, pursuant to the Florida Interlocal Corporation Act, the Miami -Dade County
Home Rule Charter, and applicable federal and state laws and regulations for contract period
ending 06/30/2016.
TOURIST DEVELOPMENT COUNCIL
Item D1 Board approved Agreement with the Pigeon Key Foundation, Inc. covering the
Pigeon Key Picnic Area Improvements project in an amount not to exceed $1,750, DAC
III, FY 2013 Capital Resources.
Item D2 Board approved Agreement with City of Key West covering the Smathers Beach
Re- nourishment project in an amount not to exceed $187,500, DAC I, FY 2013 Capital
Resources.
D3 Board approved of Agreement with the City of Marathon covering the Installation of
Observation Boardwalk and Tiki Huts project in an amount not to exceed $37,500, DAC III, FY
2013 Capital Resources.
Item D4 Board approved Agreement with the Florida Keys History of Diving Museum,
Inc. covering the Exterior Improvements project in an amount not to exceed $119,283, DAC IV,
FY 2013 Capital Resources.
Item D5 Board approved Agreement with the Dolphin Research Center, Inc. to Re- thatch
& Repair Causeway Tiki & Research Tower project in an amount not to exceed $30,725, DAC
III, FY 2013 Capital Resources.
Item D6 Board approved Agreement with San Carlos Patriotic and educational Institute,
Inc. covering the Minor Repairs and Upgrades project in an amount not to exceed $7,080, DAC
I, FY 2013 Capital Resources.
Item D7 Board approved Agreement with the Florida Keys Wild Bird Rehabilitation
Center, Inc. covering the Sanctuary Pelican Habitat Restoration project in an amount not to
exceed $8000, DAC V, FY 2013 Capital Resources.
Item D8 Board approved Agreement with the Florida Keys Wild Bird Rehabilitation
Center, Inc. covering the Feeding Station to Cormorant Habitat Boardwalk project in an amount
not to exceed $6,000, DAC IV, FY 2013 Capital Resources.
Item D9 Board approved Ag.reement with Lower Keys Chamber of Commerce, Inc.
covering Nautical Flea Market, 9 Annual in January, 2013 in an amount not to exceed $15,000,
DAC II, FY 2013 Event Resources.
Item D10 Board approved Agreement with Domestic Abuse Shelter, Inc. covering No Name
Race in January, 2013 in an amount not to exceed $7,500, DAC II, FY 2013 Event Resources.
Item D 11 Board approved an Agreement with Monroe County Commercial fishermen, Inc.
covering Florida Keys Seafood Festival, 8 Annual in January, 2013 in an amount not to exceed
$25,000, DAC I, FY 2013 Event Resources.
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Item D12 Board approved an Agreement with Ragnar events, LLC covering Ragnar Relay
Florida Keys in January, 2013 in an amount not to exceed $60,000 ($35,000 = DAC I; $5,000 =
DAC II), FY 2013 Event Resources.
Item D13 Board approved an Agreement with Premiere Racing, Inc. covering Key West
Race Week 2013 in January, 2013 in an amount not to exceed $120,000, DAC I, FY 2013 Event
Resources.
Item D14 Board approved the following Cultural Umbrella event agreements for Fiscal
Year 2013 totaling $475,544: Upper Keys Business Group, Inc. covering the Key Largo Pirate's
Fest in October 2012 in an amount not to exceed $17,375, FY 2013 Two Penny Cultural
Umbrella Funding; Agreement with Key West Garden Club Inc. covering the Key West Garden
Club 2012 -2013 Seasonal Events in Oct. 2012 — April 2013 in an amount not to exceed $12,936,
FY 2013 Two Penny Cultural Umbrella Funding; Agreement with Key West Players, Inc.
covering the Waterfront Playhouse 2012 -2013 Season in Oct. 2012 — May 2013 in an amount not
to exceed $18,701, FY 2013 Two Penny Cultural Umbrella Funding; Agreement with Key West
Burlesque covering the Key West burlesque Season 2012 -2013 in Oct. 2012 — June 2013 in an
amount not to exceed $14,917, FY 2013 Two Penny Cultural Umbrella Funding; Agreement
with the Key West Botanical Garden Society, Inc. covering the Key West botanical Garden
Cultural Events in Oct. 2012 — July 2013 in an amount not to exceed $16,770, FY 2013 Two
Penny Cultural Umbrella Funding; Agreement with The Key West Harry S. Truman Foundation
covering the Truman in Key West 2013 in Oct. 2012 — Sept. 2013 in an amount not to exceed
$16,770, FY 2013 Two Penny Cultural Umbrella Funding; Agreement with the Key West Art
and Historical Society, Inc. covering the Key West Art & Historical Society Cultural Events in
Oct. 2012 — Sept. 2013 in an amount not to exceed $18,315, FY 2013 Two Penny Cultural
Umbrella Funding; Agreement with The Florida Keys History of Diving Museum covering
Immerse Yourself in Oct. 2012 — Sept. 2013 in an amount not to exceed $11,816, FY 2013 Two
Penny Cultural Umbrella Funding; Agreement with Saint Paul's Protestant Episcopal Church of
KW covering the Performance at St. Paul's in Oct. 2012 — Sept. 2013 in an amount not to exceed
$9,343, FY 2013 Two Penny Cultural Umbrella Funding; Agreement with the Morada Way Arts
& Cultural District, Inc. covering the Morada Way Third Thursday Walkabouts & Islamorada
Fine Art Expo in Oct. 2012 — Sept. 2013 in an amount not to exceed $21,750, FY 2013 Two
Penny Cultural Umbrella Funding; Agreement with The Mel Fisher Maritime Heritage Society
covering The Keys Maritime History Event Series in Oct. 2012 — Sept. 2013 in an amount not to
exceed $19,242, FY 2013 Two Penny Cultural Umbrella Funding; Agreement with ValnChz
Productions covering Esperando Nacer! in Nov. 2012 in an amount not to exceed $9,549, FY
2013 Two Penny Cultural Umbrella Funding; Agreement with the Key West Film Festival Corp.
covering the Key West Film Festival in Nov. 2012 — Dec. 2012 in an amount not to exceed
$14,740, FY 2013 Two Penny Cultural Umbrella Funding; Agreement with Sculpture Key West,
Inc. covering Sculpture Key West in Nov. 2012 — March 2013 in an amount not to exceed
$18,138, FY 2013 Two Penny Cultural Umbrella Funding; Agreement with the Florida Keys Art
Guild, Inc. covering the Florida Keys Art Guild Festivals in Nov. 2012 — March 2013 in an
amount not to exceed $16,500, FY 2013 Two Penny Cultural Umbrella Funding; Agreement
with the Florida Keys Community Concert Band, Inc. covering Pops in the Park in Nov. 2012 —
Apr. 2013 in an amount not to exceed $16,709, FY 2013 Two Penny Cultural Umbrella Funding;
Agreement with The Studios of Key West, Inc. covering the Studios of Key West 2012/13
Season in Nov. 2012 — Apr. 2013 in an amount not to exceed $15,049, FY 2013 Two Penny
Cultural Umbrella Funding; Agreement with The Peoples Theater of Key West, Inc. covering
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Key West FRINGE in Nov. 2012 — June 2013 in an amount not to exceed $11,122, FY 2013
Two Penny Cultural Umbrella Funding; Agreement with the Red Barn Actors Studio, Inc.
covering the Red Barn Theatre 2012 -13 Theatre Season in Nov. 2012 — Aug. 2013 in an amount
not to exceed $19,551, FY 2013 Two Penny Cultural Umbrella Funding; Agreement with The
Marathon Community Theatre Inc. covering the Marathon Community Theatre Season 2012 -13
in Nov. 2012 — Sept. 2013 in an amount not to exceed $21,550, FY 2013 Two Penny Cultural
Umbrella Funding; Agreement with the Paradise Ballet Theatre Presenters, Inc. covering the
Nutcracker Key West 2012 in Dec. 2013 in an amount not to exceed $17,256, FY 2013 Two
Penny Cultural Umbrella Funding; Agreement with the Old Island Restoration Foundation, Inc.
covering the Key West House & Garden Tours; Conch Shell Blowing in Dec. 2012 — Mar 2013
in an amount not to exceed $14,607, FY 2013 Two Penny Cultural Umbrella Funding;
Agreement with the Key West Council on the Arts, Inc. covering the Impromptu Classical
Concerts 2013 Season in Jan 2013 — March 2013 in an amount not to exceed $17,763, FY 2013
Two Penny Cultural Umbrella Funding; Agreement with the Key West Art Center, Inc. covering
the Key West Art Center Arts Events 2013 in Jan 2013 — March 2013 in an amount not to exceed
$9,983, FY 2013 Two Penny Cultural Umbrella Funding; Agreement with the Monroe
Association for Retarded Citizens, Inc. covering the Master Chefs Classic 19 Annual in Jan
2013 in an amount not to exceed $8,900, FY 2013 Two Penny Cultural Umbrella Funding;
Agreement with the Key West Literary Seminar, Inc. covering the Key West Literary Seminar
31 Annual in Jan 2013 in an amount not to exceed $17,388, FY 2013 Two Penny Cultural
Umbrella Funding; Agreement with the Pigeon Key Foundation, Inc. covering the Pigeon Key
Art Festival in Feb. 2013 in an amount not to exceed $16,400, FY 2013 Two Penny Cultural
Umbrella Funding; Agreement with the Marathon Garden Club, Inc. covering the Marathon
Garden Club's House & Garden Tour in March 2013 in an amount not to exceed $10,020, FY
2013 Two Penny Cultural Umbrella Funding; Agreement with the Key Largo Merchants
Association, Inc. covering the Key Largo's Original Music festival in May 2013 in an amount
not to exceed $19,350, FY 2013 Two Penny Cultural Umbrella Funding; Agreement with the
Lower Keys Chamber of Commerce, Inc. covering the Underwater Music Festival 29 Annual in
July 2013 in an amount not to exceed $10,710, FY 2013 Two Penny Cultural Umbrella Funding;
Agreement with the Florida Keys Birding and Wildlife Festival, Inc. covering the Florida Keys
Birding and Wildlife Festival in Sept. 2013 in an amount not to exceed $12,324, FY 2013 Two
Penny Cultural Umbrella Funding.
Item D15 Board approved Agreement with Key Largo Merchants Association, Inc. covering
Key Largo Stone crab & Seafood Festival in January, 2013 in an amount not to exceed $40,000,
DAC V, FY 2013 Event Resources.
Item D16 Board approved Agreement with Key Largo Merchants Association, Inc. covering
Uncorked — Key Largo & Islamorada Food & Wine Festival in January, 2013 in an amount not
to exceed $50,000, (DAC IV = $20,000; DAC V = $30,000), FY 2013 Event Resources.
Item D17 Board approved to revise TDC Operations manual Purchasing Policy.
Item D18 Board approved Agreement with MRM Key West LLC covering Key West Food
and Wine Festival in January, 2013 in an amount not to exceed $50,000, DAC I, FY 2013 Event
Resources.
Item D19 Board approved the following Fishing Umbrella event agreements for Fiscal Year
2013 as totaling $268,750: Agreement with Islamorada Charterboat Association, Inc. covering
the Islamorada Sailfish Tournament in November /December 2012 in an amount not to exceed
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$9,000, FY 2013 Two Penny Fishing Umbrella Funding; Agreement with Tammie Gurgiolo
covering the Pigeon Islamorada Junior Sailfish Tournament in December 2012 in an amount not
to exceed $2,750, FY 2013 Two Penny Fishing Umbrella Funding; Agreement with Don
Gurgiolo Sailfish Classic covering the Don Gurgiolo Sailfish Classic in December 2012 in an
amount not to exceed $4,000, FY 2013 Two Penny Fishing Umbrella Funding; Agreement with
Murray Marine, Inc. covering the Key West Harbour King Mackeral Tournament in January
2013 in an amount not to exceed $15,000, FY 2013 Two Penny Fishing Umbrella Funding;
Agreement with Key Largo Sailfish Challenge covering the Key Largo Sailfish Challenge in
January 2013 in an amount not to exceed $8,000, FY 2013 Two Penny Fishing Umbrella
Funding; Agreement with Key West Fishing Tournament, Inc. covering the Key West Fishing
Tournament in January - November 2013 in an amount not to exceed $44,000, FY 2013 Two
Penny Fishing Umbrella Funding; Agreement with Loren Rea covering the Cuda Bowl in
February 2013 in an amount not to exceed $5,000, FY 2013 Two Penny Fishing Umbrella
Funding; Agreement with Islamorada Womens Sailfish Tournament covering the Islamorada
Womens Sailfish Tournament in February 2013 in an amount not to exceed $3,000, FY 2013
Two Penny Fishing Umbrella Funding; Agreement with March Merkin, Inc. covering the March
Merkin Permit Tournament in March 2013 in an amount not to exceed $4,000, FY 2013 Two
Penny Fishing Umbrella Funding; Agreement with Saltwater Fishing Connection LLC covering
the Jim Bokor Islamorada All Tackle Bonefish Tournament in March 2013 in an amount not to
exceed $2,000, FY 2013 Two Penny Fishing Umbrella Funding; Agreement with Matthew
Anthony covering the Capt. Leon Shell Memorial Sailfish Tournament in March 2013 in an
amount not to exceed $10,000, FY 2013 Two Penny Fishing Umbrella Funding; Agreement with
Executive Adventures, LLC covering the World Sailfish Championship in April 2013 in an
amount not to exceed $45,000, FY 2013 Two Penny Fishing Umbrella Funding; Agreement with
David Breznicky covering the Tarponian Tournament in April /May 2013 in an amount not to
exceed $6,000, FY 2013 Two Penny Fishing Umbrella Funding; Agreement with Charlie's
Coconuts, LLC covering the Coconuts Dolphin Tournament in May 2013 in an amount not to
exceed $13,000, FY 2013 Two Penny Fishing Umbrella Funding; Agreement with Nick Sheahan
Scholarship Fund, Inc. covering the Nick Sheahan Dolphin Rodeo in May 2013 in an amount not
to exceed $8,000, FY 2013 Two Penny Fishing Umbrella Funding; Agreement with Marathon
Offshore Bull 1& Cow Dolphin Tournament, Inc. covering the Marathon Offshore Bull & Cow
Dolphin Tournament in May 2013 in an amount not to exceed $10,000, FY 2013 Two Penny
Fishing Umbrella Funding; Agreement with Third Generation Charters Inc. covering the Florida
Keys Dolphin Championship in May 2013 in an amount not to exceed $5,000, FY 2013 Two
Penny Fishing Umbrella Funding; Agreement with Golden Fly Invitational Tarpon Tournament
Inc. covering the Golden Fly Invitational Tarpon Tournament Inc. in May 2013 in an amount not
to exceed $1,000, FY 2013 Two Penny Fishing Umbrella Funding; Agreement with Islamorada
Charterboat Association Inc. covering the Islamorada Dolphin Tournament in May /June 2013 in
an amount not to exceed $6,500, FY 2013 Two Penny Fishing Umbrella Funding; Agreement
with University of Florida Alumni Association, Inc., Key West Gator Club covering the Key
West Gator Club Dolphin Derby in June 2013 in an amount not to exceed $7,500, FY 2013 Two
Penny Fishing Umbrella Funding; Agreement with Interselect Inc. covering the Dolphin &
Blackfin Tuna Fun Fishing Tournament in June 2013 in an amount not to exceed $5,000, FY
2013 Two Penny Fishing Umbrella Funding; Agreement with Lower Keys Chamber of
Commerce Inc. covering the Big Pine & Lower Keys Dolphin Tournament in June 2013 in an
amount not to exceed $10,000, FY 2013 Two Penny Fishing Umbrella Funding; Agreement with
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Key West Marlin Tournament, Inc. covering the Key West Marlin Tournament in July 2013 in
an amount not to exceed $30,000, FY 2013 Two Penny Fishing Umbrella Funding; Agreement
with Del Brown Permit Tournament covering the Del Brown Permit Tournament in July 2013 in
an amount not to exceed $4,000, FY 2013 Two Penny Fishing Umbrella Funding; Agreement
with Rotary Club of Key Largo, Inc. covering the Take Stock in Children Backcountry
Challenge in September 2013 in an amount not to exceed $4,000, FY 2013 Two Penny Fishing
Umbrella Funding; Agreement with Marathon International Bonefish Club, Inc. covering the
Marathon International Bonefish Tournament in September 2013 in an amount not to exceed
$5,000, FY 2013 Two Penny Fishing Umbrella Funding; Agreement with Saltwater Fishing
Connection LLC covering the Islamorada All Tackle Bonefish World Championship in October
2013 in an amount not to exceed $2,000, FY 2013 Two Penny Fishing Umbrella Funding.
DIVISION OF GROWTH MANAGEMENT
Item 1-11 Board ranted approval to re-appoint pp ppoint William F. Kelly III to one (1) additional
three (3) year term to the Contractors' Examining Board beginning October 17, 2012 and ending
October 17, 2015.
Item 112 Board granted approval of Work Order #4 in the amount of $50,000 under the
URS Transportation Planning Continuing Services contract for Traffic Impact Reports and
Concurrency Management.
Item H3 Board adopted the following resolution by the Monroe County Board of County
Commissioners amending the Building Department Fee Schedule to increase new replacement
mobile home application fee; clarify over the counter and sign, residential repairs /remodel and
commercial repairs /remodel applications fees to reflect current practice which reduces fee by $2;
clarify window fees; clarify tent fees; remove seawalls and riprap, docks, excavation, filling
inspection fee, increase billboard permit fee; clarify revision fee; provide for review fees for the
United States Federal Emergency Management Agency (FEMA) and United States Fish and
Wildlife Service (FWS) required Permit Referral Process (PRP) for parcels within potentially
suitable habitat as depicted on the species focus area maps and associated parcel list; clarify
biologist and planner review fees; add minor floodplain management fee review; clarify code
compliance fee as contractor investigation fee; clarify education fee per discipline, per permit;
add floodplain certificate of compliance program fees; remove permit renewal fee; remove
shutter insurance affidavit fee; add notice to proceed fee; clarify work commencing before
permit issuance plan review fees. Revision to page 5 of the ordinance Section B 25aii & Section
B25cii the words "Annual" have been removed.
RESOLUTION NO. 328-2012
Said Resolution is incorporated herein by reference.
Item H4 Board approved Fourth Amendment to the Ground Lease Agreement between
Monroe County and Islander Village, LLC extending the completion date of all units from June
14, 2013 to December 7, 2015 to be consistent with the extension of its Major Conditional Use
Permit.
Item 1-15 Board approved Monroe County Annual Work Program Report, pursuant to Rule
28- 20.140, F.A.C., which will be sent to the Department of Economic Opportunity. Revisions to
Page 4 row 27 & Page 5 rows 28 & 30 of the MC 2012 Annual Report.
REVISION
231
Item H6 Board adopted the following resolution reserving 48 affordable ROGO allocations
for Banyan Grove Development Corporation until December 31, 2013 for property located at
MM5, Stock Island, RE# 00124140.0000000.
RESOLUTION NO. 329-2012
Said Resolution is incorporated herein by reference.
Item H7 Board adopted the following resolution to allow 51,429 square feet of commercial
floor area to be made available for Year 21 Non - Residential Rate of Growth (NROGO) Annual
Allocation.
RESOLUTION NO. 330-2012
Said Resolution is incorporated herein by reference.
Item H4 Board authorized incentive pay for the Building Official obtaining Floodplain
Manager Certification.
WASTEWATER ISSUES
Item J1 Board approved 6th Amendment to the Cudjoe Regional Interlocal Agreement to
provide a schedule of advances and method of maintaining accountability for same during the
construction of the project.
Item J2 Board adopted the following resolution establishing the wastewater capacity fee
for properties developed within the Cudjoe Regional centralized Inner Island Service Area after
the levy of the non -ad valorem wastewater assessments; providing for a method of adjusting for
inflation; providing for a method of collection; and providing for an effective date.
RESOLUTION NO. 331-2012
Said Resolution is incorporated herein by reference.
MONROE COUNTY SHERIFF'S DEPARTMENT
Item Kl Board approved request for expenditure from the Law Enforcement Trust Fund,
as follows:
$2,000 Sexual and Child Abuse Center — "Christina's Courage" to help
with the operating funds for the only program in the county providing shelter, counseling, and
advocacy to victims of sexual abuse.
$2,000 Florida Sheriff's Youth Ranches - to support educational programs
and a safe living environment for boys and girls in need of guidance and care.
COMMISSIONERS' ITEMS
Item M1 Board approved Mayor Rice's item to re- appoint Beth Kaminstein to the Art in
Public Places Committee, with term expiring 11/01/16.
Item M2 Board approved Commissioner Neugent's item to re- appoint David Paul Horan to
the Human Services Advisory Board with term expiring 11/01/14.
COUNTY CLERK
Item N2 Board officially approved the Board of County Commissioners minutes from the
August 15, 2012 Regular Meeting - (previously distributed).
Item N3 Board granted approval of the following Warrants: (107118 - 107189 and
579779- 580793) General Fund (001), in the amount of $3,092,994.34; Fine & Forfeiture
Fund (101), in the amount of $102,528.54; Road and Bridge Fund (102), in the amount of
$56,965.48; TDC District Two Penny (115), in t he amount of $267,703.80; TDC Admin. &
232
Promo 2 Cent (116), in the amount of $363,687.26; TDC District 1,3 Cent (117), in the
amount of $349,122.96; TDC District 2,3 Cent (118), in the amount of $52,593.68; TDC
District 3,3 Cent (119), in the amount of $165,332.84; TDC District 4,3 Cent (120), in the
amount of $18,570.88; TDC District 5,3 Cent (121), in the amount of $113,111.10; Gov. Fund
Type Grants (125), in the amount of $686,186.80; Impact Fees Roadways (130), in the amount
of $23,903.14; Fire & Amb District 1 L &M Keys (141), in the amount of $170,639.32; Upper
Keys Health Care (144), in the amount of $616.19; Uninc Svc Dist Parks & Rec (147), in the
amount of $42,238.22; Plan, Build, Zoning (148), in the amount of $49,479.13; Municipal
Policing (149), in the amount of $92.71; Duck Key Security (152), in the amount of $3,969.22;
Boating Improvement Fund (157), in the amount of $35,628.08; Misc. Special Revenue Fund
(158), in the amount of $29,749.33; Environmental Restoration (160), in the amount of
$1,075.89; Court Facilities Fees -602 (163), in the amount of $29,282.63; Marathon Municipal
Service (166), in the amount of $39.31; Stock Island Wastewater (171), in the amount of
$156.80; Building Fund (180), in the amount of $5,356.22; 1 Cent Infra Surtax (304), in the
amount of $11,747.97; INFR Sle Srtx Rev Bds2007 (308), in the amount of $971,033.30; Big
Coppitt Wastewater Pr (310), in the amount of $3,809.39; Duck Key Wastewater (311), in
the amount of $1,003,809.38; Card Sound Bridge (401), in the amount of $3,427.42;
Marathon Airport (403), in the amount of $27,701.72; Key West Intl. Airport (404), in the
amount of $468,603.72; KW AIP Series 2006 Bonds (405), in the amount of $9,894.13; MSD
Solid Waste (414), in the amount of $1,233,451.77; Worker's Compensation (501), in the
amount of $6,175.56; Group Insurance Fund (502), in the amount of $1,552,615.28; Risk
Management Fund (503), in the amount of $35,144.22; Fleet Management Fund (504), in the
amount of $105,095.71; Fire &EMS LOSAP Trust Fund (610), in the amount of $6,832.50.
Item N4 Board granted approval of Tourist Development Council Expenditures for the
month of September 2012: Advertising, in the amount of $790,479.08; Bricks & Mortar
Projects/Interlocal, in the amount of $149,848.31; Events, in the amount of $88,827.44; Office
Supplies & Oper Costs, in the amount of $10,895.93; Personal Services, in the amount of
$181,154.21; Public Relations, in the amount of $107,077.86; Sales & Marketing, in the
amount of $68,867.40; Telephone & Utilities, in the amount of $8,950.17; Travel, in the
amount of $14,980.75; Visitor Information Services, in the amount of $79,294.33.
Item N5 Board granted approval to remove surplus equipment from inventory via disposal
or advertise for bid. Said list is incorporated herein by reference.
COUNTY ADMINISTRATOR
Item 02 Board approved /confirmed the County Administrator's appointment of Kevin G.
Wilson as the Division Director, Public Works & Engineering.
Item 03 Board approved /confirmed the County Administrator's appointment of Robert
Ward to the position of Director, Information Technology.
Item 05 Board approved Interlocal Agreement Amendment No. 3 with the Village of
Islamorada related to their joint participation with the County under the State Energy Grant
Agreement from the Florida Energy and Climate Commission (Grant No.17522). This
amendment no. 3 retroactively modifies the termination date, payment terms, and deliverable
dates under the Interlocal Agreement, at no cost to the County.
233
Item 06 Board approved Interlocal Agreement Amendment No. 3 with the City of Key
West related to their joint participation with the County under the State Energy Grant Agreement
from the Florida Energy and Climate Commission (Grant No.17522). This amendment no. 3
retroactively modifies the termination date, payment terms, and deliverable dates under the
Interlocal Agreement, at no cost to the County.
Item 07 Board approved Interlocal Agreement Amendment No. 3 with the City of
Marathon related to their joint participation with the County under the State Energy Grant
Agreement from the Florida Energy and Climate Commission (Grant No.17522). This
amendment no. 3 retroactively modifies the termination date, payment terms, and deliverable
dates under the Interlocal Agreement, at no cost to the County.
Item 08 Board approved to retroactively authorize piggyback purchase of six (6) 2011 -12
Ford Fusion hybrid vehicles under the Energy Grant Agreement 17522 (ARS0100) through an
existing State contract between Hub City Ford Inc. and the Florida Association of Counties (Bid
No. 10 -18 -0907 and Bid No. 04 -12 -0823 respectively). This purchase was authorized by the
Grant Administrator under a state contract, and was authorized generally under the grant;
however the Clerk of Courts has requested that the BOCC authorize this separately since it is a
piggyback contract.
COUNTY ATTORNEY
Item P2 Board approved contract rate with Department of Administrative Hearings
(DOAH) from $146 per hour to $141 per hour effective retroactively to October 1, 2012, as
provided by the Contract and pursuant to F.S. 120.65(11).
Item P3 Board approved a general policy for the composition of selection committees in
competitive selection processes, and inclusion in the Purchasing Policies and Procedures
Manual.
Item P4 Board approved to advertise a public hearing to consider adoption of a County
ordinance amending Sec. 17 -2 and Sec. 25 -35, and creating Sec. 17 -6, of the Monroe County
Code to further clarify prohibitions and enforcement regarding the parking and storage of
vehicles and watercraft and /or wrecked, inoperative or partially dismantled vehicles and
watercraft on County roads and right -of -way, on private property and in residential districts
throughout Monroe County.
Item P6 Board approved to advertise Request for Proposals for Outside Legal Counsel for
Workers' Compensation Cases.
Item P8 Board approved a procedure requiring speakers who wish to distribute materials
for BOCC consideration to provide sufficient copies for county commissioners, clerk,
administrator, attorney, division director & the public.
Motion carried unanimously.
Item H8 Motion was made by Commissioner Wigington and seconded by Commissioner
Neugent to reopen the agenda. Motion carried unanimously. Motion was made by
Commissioner Murphy and seconded by Commissioner Wigington to remove from the above
bulk motion - approval for the removal of an Affordable Housing Deed Restriction recorded in
the Monroe County Public Records on July 27, 2005 at OR Book 2136 at Page 1651 and
authorization for the mayor to execute the Release of Deed Restriction for Affordable Housing.
Motion carried unanimously.
234
FIRE & AMBULANCE DISTRICT 1
BOARD OF GOVERNORS
The Board of Governors for the Fire and Ambulance District I convened. Present
and answering to roll call were Commissioner George Neugent, Mayor David P. Rice,
Commissioner Wigington, Councilman Clark Snow and Councilwoman Kate Snow.
Item G2 Motion was made by Councilman Snow and seconded by Commissioner
Wigington approving an Agreement between Physio- Control, Inc. And the Board of Governors
Fire, Ambulance District 1 of Monroe County, Florida, for the maintenance of biomedical
equipment in the amount of $17,182.93 commencing November 1, 2012 and running through
October 31, 2013 with two (2) additional one (1) year renewal options, and authorized the Mayor
to execute same along with the Technical Service Support Agreement. Motion carried
unanimously.
Jim Callahan, Fire Chief updated the Board concerning ratification of the
International Association of Fire Fighters (IAFF) Local 3909 (Fire Fighters Union) contract
whereby it was rejected by its' members.
There being no further business, the meeting of Board of Governors for the Fire
and Ambulance District I was adjourned.
* * * * *
The Board of County Commissioners meeting reconvened with all commissioners
present.
MISCELLANEOUS BULK ITEMS
Item C12 The Board discussed Agreements with Southernmost Homeless Assistance
League (SHAL) and Florida Keys Outreach Coalition (FKOC) for the period from October 1,
2012 through September 30, 2013 to be funded by the Clerk' Drug Abuse Trust Fund, per
Substance Abuse Policy Advisory Board recommendations. Lisa Tennyson, Grants
Administrator discussed the item. Motion was made by Commissioner Wigington and seconded
by Commissioner Carruthers to table the item. Motion carried unanimously.
Item C26 The Board discussed the Jacob's Project Management Company Task Order #12-
14-12 for the Emergency Drainage Corrective Action Plan, at the Key West International
Airport. Peter Horton, Airports Director discussed the matter. After discussion, motion was
made by Commissioner Carruthers and seconded by Commissioner Murphy approving the item.
Motion carried unanimously.
STAFF REPORTS
Item El Airports - Peter Horton, Director informed the Board of two new flights and
destinations on selected dates from the Key West International Airport - Delta Airlines will be
flying non -stop Key West to New York City and US Airways will be flying nonstop to
Washington, D.C.
235
MISCELLANEOUS BULK APPROVAL / COUNTY ATTORNEY
Item C38 The Board discussed the advertising of a Request for Qualifications (RFQ) for
engineering design services for the Card Sound Bridge Repair project. The engineering design
and permitting services will be funded by Florida Department of Transportation (FDOT) through
a Local Agency Program (LAP) Agreement. Judith S. Clarke, P.E. - Engineering Director
discussed the matter. After discussion, motion was made by Commissioner Carruthers and
seconded by Commissioner Murphy granting approval of the item with the stipulation that
options be investigated to consider the addition of a bike path lane and replacement of the bridge.
Motion carried unanimously.
Items C49/P5 The Board discussed Change Order #1 to the contract with American Bridge
Company for the Tom's Harbor Channel Bridge Repair project to increase the contract amount
of $218,414.55 for increased scope of work; and Amendment Six to the contract with Ira
Libanoff, Esq. for professional services related to the Tom' Harbor Bridge construction project.
Judith S. Clarke, P.E. - Engineering Director and Suzanne Hutton, County Attorney discussed
the matter. After discussion, motion was made by Commissioner Wigington and seconded by
Commissioner Murphy approving the items. Motion carried unanimously.
TOURIST DEVELOPMENT
Item D20 Motion was made by Commissioner Carruthers and seconded by Commissioner
Murphy nominating Rosi Ware as an "At Large" appointment to the Tourist Development
Council District I Advisory Committee. There were no other nominations made by the Board.
Motion carried unanimously.
STAFF REPORTS
Item E6 Growth Management - Christine Hurley, Director updated the Board concerning
the biological opinion permit referral process mandated by FEMA and the U.S Fish and Wildlife
Service. Ms. Hurley announced the following workshop dates for the new permit referral
process: October 24, 2012, 3:00 p.m. - 5:00 p.m. at the Marathon Government Center and
October 25, 2012, 3:00 p.m. - 5:00 p.m. at Murray Government Center in Key Largo.
TAX COLLECTOR
Item L1 Honorable Danise "Dee Dee" Henriquez, Monroe County Tax Collector presented
the tax collector's excess fees check to the Board in the amount of $2,897,438.42.
STAFF REPORTS
Item E7 Public Works - Kevin G. Wilson, P.E. - Division Director - Public Works &
Engineering provided an update concerning the Cudjoe Regional Wastewater System. The
Board was shown a video of an educational public service announcement being shown on
MCTV concerning the continuation of the Infrastructure Sale Tax which is on the November 6,
2012 election ballot. Public Service announcements will also be placed in all local newspapers
and on local radio stations. Mr. Wilson announced that on October 30, 2012 at 11:00 a.m., the
Islamorada, Village of Islands will have a ground breaking ceremony for their central sewer
system. Mr. Wilson discussed a request from the Village to use ' /2 of the existing Public Works
compound for a pump station.
COUNTY ADMINISTRATOR
236
Item 04 Peggy Matthews, representing MW Biodiesel Consulting, Inc. made a
presentation/update on the current activity of the Resources and Ecosystems Sustainability,
Tourist Opportunity, and Revived Economies of the Gulf States Act of 2011 (the RESTORE
Act). Lisa Tennyson, Grants Administrator discussed the item. After discussion, motion was
made by Commissioner Murphy and seconded by Commissioner Neugent approving the
proposed letter, which can include any possible amendments and BOCC comments, prior to final
execution by the Mayor. Motion carried unanimously.
GROWTH MANAGEMENT
Item H8 The Board discussed the removal of an Affordable Housing Deed Restriction
recorded in the Monroe County Public Records on July 27, 2005 at OR Book 2136 at Page 1651
and authorization for the mayor to execute the Release of Deed Restriction for Affordable
Housing. Christine Hurley, Growth Management Director and Bob Shillinger, Chief Assistant
County Attorney discussed the matter. After discussion, motion was made by Commissioner
Carruthers and seconded by Commissioner Murphy approving the item. Motion carried
unanimously.
COMMISSIONERS' ITEMS
Item M4 The Board discussed Commissioner Carruthers' item concerning an update from
Fair Insurance Rates in Monroe (FIRM) on a data and modeling proposal to Citizens Property
Insurance Corp (CPIC) and the (re)inspection process. Annilese Mannix, Executive Director of
FIRM and Christine Hurley, Growth Management Director discussed the item. The Board
referred the item to FIRM so that the modeling proposal can be provided to CPIC with Monroe
County being designated as the funding recipient in the form of a grant award /contract.
Item M3 The Board discussed Commissioner Neugent's item regarding the
application fee of $150.00 for patron' dogs in public food service establishments with insurance
required in the amount of $1,000,000 and the County being named as " Insured" per Section
130.101; F.S. 509.013. Suzanne Hutton, County Attorney discussed the item. The item was
referred back to Staff to obtain additional information.
COUNTY ADMINISTRATOR
Item 01 Roman Gastesi, County Administrator referred the Board to the written County
Divisions' Monthly Activity Report for September, 2012.
Item 09 Rhonda Haag, Sustainability Program Manager made a presentation to the Board
concerning the Final Grant Report for the Energy Grant Agreement 17522 (ARS010). Ms. Haag
provided the Board with a copy of the presentation, dated September 25, 2012.
CLOSED SESSIONS
Item I1 An Attorney - Client Closed Session was held in the matter of Judi's House, Inc. v.
Monroe County, Case No.: CA -K -10 -187. County Attorney, Suzanne Hutton read the required
language into the record.
Item I2 An Attorney- Client Closed Session was held in the matter of Donald Davis. v.
Monroe County, Case No.: CA -M -04 -379. County Attorney, Suzanne Hutton read the required
language into the record.
RECOGNITION
237
The Board recognized Commissioner Kim Wigington Danny L. Kolhage, County
Clerk, and Isabel C. DeSantis, Deputy Clerk for their years of service to Monroe County.
COUNTY ATTORNEY
Item P7 The Board discussed for the possible vote on the recommendation of the selection
committee regarding two proposals received on September 12, 2012 regarding the latest Hickory
House RFP. The selection committee ranked the two proposals and recommended that neither
proposal be accepted. Nat Cassel, Assistant County and Suzanne Hutton, County Attorney
discussed the item. The following individual addressed the Board: Todd Germain. After
discussion, motion was made by Commissioner Carruthers and seconded by Commissioner
Murphy to enter into negotiations with the proposers of the second proposal; work on eliminating
the one (1) year out on their behalf; investigate the option of the right of first refusal for the
County; renegotiate the rental fees; and any other issues that are in the best interest of the
County. Roll call vote was unanimous.
PUBLIC HEARINGS
Item Q6 The first of two Public Hearings was held to consider an Ordinance by the
Monroe County Board of County Commissioners amending the Tier Overlay District (zoning)
Map designation for property owned by Seacamp having Real Estate Numbers 00112030-
000000, 00246950- 000000, 00246960 - 000000, 00246970 - 000000, 00246980 - 000000,
00246990 - 000000, 00247140 - 000000, 00247150- 000000, 00247160- 000000, 00247170 - 000000,
and 00247180- 000000 from Tier I to Tier III - (1st of 2 public hearings). There was no public
input.
237Item Q1 A Public Hearing was held concerning an Ordinance amending Section 23-
200(a)(2)a. of the Monroe County Code, the Tourist Development Plan, to add "aquariums" to
the list of facilities for which the third and fourth cent of the four -cent tax may be used, required
due to a statutory change. There was no public input. Motion was made by Commissioner
Murphy and seconded by Commissioner Carruthers to adopt the following Ordinance. Motion
carried unanimously.
ORDINANCE NO. 033 -2012
Said Ordinance is incorporated herein by reference.
Item Q2 A Public Hearing was held to consider an Ordinance amending Monroe County
Code Section 6 -33, to clarify storage and removal of construction materials and debris on
construction sites and to provide for a requirement to remove or secure construction materials
and /or debris during a tropical storm watch or warning or a hurricane watch or warning. There
was no public input. Motion was made by Commissioner Murphy and seconded by
Commissioner Carruthers to adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 034 -2012
Said Ordinance is incorporated herein by reference.
Item Q3 A Public Hearing was held to consider an Ordinance amending Monroe County
Code Section 12 -116, (Standards for exterior artificial lighting on sea turtle beaches) to add
Section (3) authorizing the Mayor to request a "lights out" restriction in cooperation with the
Florida Keys Electric Co -Op Association on the use of lighting which violates the turtle lighting
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section of Monroe County Code and or the Laws of the State of Florida, along the US 1 corridor
in Long Key to prevent false crawls and disorientation of hatchlings on the designated Sea Turtle
beach on Long Key. There was no public input. Christine Hurley, Growth Management
Director discussed the item. Motion was made by Commissioner Murphy and seconded by
Commissioner Carruthers to adopt the following Ordinance. The Board also directed Staff to
later amend the Ordinance by changing unincorporated Long Key to unincorporated Monroe
County. Motion carried unanimously.
ORDINANCE NO. 035 -2012
Said Ordinance is incorporated herein by reference.
Item Q4 A Public Hearing was held to consider adoption of an Ordinance by the Board of
County Commissioners amending Chapter 26 of the Monroe County Code (Waterways) to
provide for "Article V Anchoring and Mooring Restricted Areas" in association with the Florida
Fish and Wildlife Conservation Commission (FWC) Pilot Program on anchoring and mooring.
There was no public input. Christine Hurley, Growth Management Director discussed the item.
Motion was made by Commissioner Carruthers and seconded by Commissioner Neugent to
adopt the following Ordinance. Roll call vote was taken with the following results:
Commissioner Carruthers Yes
Commissioner Murphy Yes
Commissioner Neugent Yes
Commissioner Wigington No
Mayor Rice Yes
ORDINANCE NO. 036 -2012
Said Ordinance is incorporated herein by reference.
Item Q5 A Public Hearing was held to consider an Ordinance establishing Monroe County
Code Section 130 -102, Horses and Other Livestock, to establish regulations related to the
keeping of horses and other livestock in Monroe County; providing for severability,
providing for repeal of conflicting provisions, providing for transmittal to the State land planning
agency and the Secretary of State; providing for codification; providing for an effective date.
There was no public input. Motion was made by Commissioner Murphy and seconded by
Commissioner Neugent to approve the Ordinance. Christine Hurley, Growth Management
Director discussed the item. After consideration, the motion was withdrawn. The item was
referred back to Staff for further review.
Item Q7 A Public Hearing was held to consider an Ordinance by the Monroe County
Board of County Commissioners amending the Tier Overlay District designation from Tier I to
Tier III for property owned by Stephen Rohaty; legally described as Tract A Porpoise
Point, Section Two, according to the Plat thereof, as recorded in Plat Book 5, Page 111, of the
Public Records of Monroe County Florida; located on Big Coppitt Key and having real estate
number 00154870- 000000; providing for severability; providing for repeal of conflicting
provisions; providing for transmittal to the State Land Planning Agency and the Secretary of
State; providing for an effective date. The Board accepted public input with the following
individual addressing the Board: Attorney Lee R. Rohe, representing Stephen Rohaty. Christine
Hurley, Growth Management Director discussed the item. After discussion, motion was made
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by Commissioner Murphy and seconded by Commissioner Wigington to adopt the following
Ordinance. Roll call vote was unanimous.
ORDINANCE NO. 037 -2012
Said Ordinance is incorporated herein by reference.
Item Q8 A Public Hearing was held to consider a Resolution by the BOCC to amend
Resolution #172 -2012, the Planning and Environmental Resources Fee Schedule to: provide a
fee for non - binding preliminary review under the FEMA required Permit Referral Process for
parcels within the Fish and Wildlife Service designated Species Focus Areas using the FWS
Species Assessment Guides (SAG); deleting the fee for Habitat Evaluation Index (HEI)
assessments; providing a fee for Senior Director of Planning and Environmental Resources
Special approval as provided in Sec. 118- 12- (o)(2); repealing any other fee schedules
inconsistent herewith. There was no public input. Motion was made by Commissioner Murphy
and seconded by Commissioner Neugent to adopt the following Resolution. Motion carried
unanimously.
RESOLUTION NO. 332-2012
Said Resolution is incorporated herein by reference.
Item Q9 A Public Hearing was to consider a Resolution to transmit to the State Land
Planning Agency an Ordinance by the Monroe County Board of County Commissioners
amending policies in the Future Land Use Element of the 2010 Monroe County Comprehensive
Plan to establish a commercial future land use category; and revise the "Future Land Use
Densities and Intensities" table to include a Commercial (COMM) future land use category,
corresponding zoning categories, and establish the density and intensity standards. There was
no public input. Motion was made by Commissioner Neugent and seconded by Commissioner
Murphy to adopt the following Resolution. Roll call vote was unanimous.
RESOLUTION NO. 333-2012
Said Resolution is incorporated herein by reference.
Item P1 Motion was made by Commissioner Murphy and seconded by Commissioner
Neugent to reopen the agenda in order to add the Judi's House Settlement Agreement. Motion
carried unanimously. Suzanne Hutton, County Attorney read aloud the contents of the
agreement. Motion was made by Commissioner Neugent and seconded by Commissioner
Wigington authorizing execution of the Settlement Agreement concerning Judi's House, Inc. v.
Monroe County, Case No.: CA -K -10 -187. Motion carried unanimously.
There being no further business, the meeting of the Board of County
Commissioners was adjourned.
Danny L. Kolhage, Clerk
and ex- officio Clerk to the
Board of County Commissioners
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Monroe County, Florida
„CLci.L.su2 c. 10_&64{&:
Isabel C. DeSantis, Deputy Clerk